Sunday, March 28, 2010

Prosecution, beneficial to recovery?


Over the past months I have noticed an increase of news stories relating to sexual assault, and cases involving sexual abuse. This is unfortunately a double edged sword, on one side I am pleased to see this once back room topic being brought into the public eye. However, it is also heartbreaking that these stories exist in the first place.

The biggest story lately has surrounded the sexual assault case involving the Saskatchewan Rough Riders GM. In short the case surrounds an event that happened during the summer where Mr. Tillman allegedly assaulted his family’s 16 year old babysitter. For his defense Mr. Tillman brings up the fact that he was on a double dose of sleep aids and muscle relaxants. Where this case gets frustrating is the fact that Mr. Tillman openly pleads guilty in the end with a heartfelt apology to the victim, The Verdict? An absolute discharge, meaning there will be no record of the charge.

Seeing this story caused me to reflect back on my own recovery and whether prosecution hinders or aids in recovery. In my situation the case did not reach a court room, that isn't to say the case was quickly dismissed. In fact, the constable overseeing the case investigated for over a year and had multiple interviews with my mother, as well as third parties. However, the first issue with assault cases involving sex is that the activity has no witnesses. Unlike physical assault, which can happen in the public eye, sexual abuse is closed door. This creates an almost impossible case for a defense lawyer because it’s a matter of "he said, she said."

For me, the courage It took to tell the police what had happened was a step forward in my recovery. The fact that I was breaking the silence to a secret we had taken fault to for so many years, and then being told that not only was it not our fault but in fact an illegal action for our perpetrator. Although it still took several months to confidently say,
"It's not my fault"
I still consider this initial event to be a major player in my inevitable acceptance in what had happened.

On the other side of the blade was pain, and confusion for I had been told the actions done to me where a crime and yet a year later that same constable had to tell me the case had ended due to lack of substantial evidence. When I remember how I felt that day I can guess just how painful this recent verdict was for that girl.

In conclusion, the legal system will never be perfect because humans are an un-perfect system. Does prosecution benefit the victim? Yes, as long as they are at the right stage and willing to accept both plausible outcomes. Although her case was not won, the fact it was in the media could give courage to another girl to come forward. We are in a generation filled with bravery, never before have so many males and females stood up and shouted,
"We will not be ashamed of who we are, we will be heard, we will break the chains of abuse, and we will not let you go un-noticed any longer!"
Now that I have been able to understand my abuse I have made it a personal mission to pay my courage forward so that others will also speak out. That being said we hope society can see through the legal system for what this case truly signifies, which is change.

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